State Consumer Disputes Redressal Commission
Reeta Kumari Sharma vs Emerging Valley Pvt. Ltd. on 3 August, 2022
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH M.A. No. in EA/46/2021 : 401 of 2022 Date of Institution : 26.05.2022 Date of Decision : 03.08.2022 Reeta Kumari Sharma W/o Deep Raj Sharma, resident of Village Kuswar, P.O. Baliah, Tehsil Barsar, District Hamirpur, At present #1579, Rhinelander Ave, Apt. #5D, Bronx, New York, 10461 USA. ...Non-applicant(s)/Decree Holder(s) VERSUS Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director/Authorized Signatory. (First Address) Emerging Valley Private Limited, Site Office ADAB City Centre, Sector 127, Shivalik City, Kharar, District Mohali (Pb.)-140301 (Second Address) Gurpreet Singh Sidhu, Managing Director, Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh. Kamaljit Singh, Director, Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh, .....Applicant/Judgment Debtor Present:- Sh. Sunil Toni, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person. Sh. Varun Bhardwaj, Advocate for the non-applicant-decree holder. =================================================================== M.A. No. in EA/81/2021 : 403 of 2022 Date of Institution : 26.05.2022 Date of Decision : 03.08.2022 Harmesh Sindu Malhi S/o Sh. Gian Singh Malhi, resident of House No.29, Abchal Nagar, Patiala. ...Non-applicant(s)/Decree Holder(s) VERSUS M/s Emerging India Housing Corporation Private Limited, SCO 46-47, First Floor, Sector 9, Madhya Marg, Chandigarh, through its Managing Director. .....Applicant/Judgment Debtor Present:- Sh. Sunil Toni, Advocate for the applicant (Sh. Gurpreet Singh Sidhu) alongwith applicant in person. Sh. Raman K. Sharma, Advocate Proxy for Sh. Sahil Khunger, Advocate for the non-applicant-decree holder. =================================================================== BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT. MRS.PADMA PANDEY, MEMBER.
MR.RAJESH K. ARYA, MEMBER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT Since, the issues involved in these cases, except minor variations, here and there, of law and facts are the same, therefore, by this order, we would like to dispose of the above captioned two applications filed by the applicant-Sh.Gurpreet Singh Sidhu, Managing Director/Director of Emerging India Housing Corporation Private Limited/Emerging Valley Private Limited (in short the applicant), for de-attachment of his properties.
The facts are culled out from execution application bearing no.46 of 2021 titled as Reeta Kumari Sharma Vs Emerging Valley Private Limited and others. This execution application ( 46 of 2021) has been filed by the decree holder/complainant-Reeta Kumari Sharma, under Section 72 of the Consumer Protection Act, 2019, for taking criminal action against the applicant-Sh.Gurpreet Singh Sidhu, Managing Director of the company, for non compliance of order dated 05.04.2021 passed by this Commission in main consumer complaint bearing no.222 of 2019. Similarly, execution application bearing no.81 of 2021 has been has been filed by the decree holder/complainant-Harmesh Singh, under Section 72 of the Consumer Protection Act, 2019, for taking criminal action against the applicant-Sh.Gurpreet Singh Sidhu, Managing Director of the company, for non compliance of order dated 20.05.2021 passed by this Commission in main consumer complaint bearing no.286 of 2019. Proceedings in these execution are undergoing before this Commission.
These applications have been contested, inter alia, by the decree holder(s) by stating that the said applications are liable to be dismissed due to the own act and conduct of the applicant, as he has intentionally not complied with the orders passed by this Commission; and that in case these applications are allowed, it will defeat the purpose of filing the execution applications.
We have heard the contesting parties and have gone through the entire record of these cases, very carefully.
It is significant to mention here that perusal of record of the respective execution applications, referred to above, out of which these applications have arisen, reveal that in these cases, the applicant was never declared proclaimed offender. It is also coming out from the record that though vide orders dated 06.08.2021 (in EA No.46 of 2021) and 19.08.2021 (in EA No.81 of 2021), directions were given by this Commission to the Deputy Commissioner, SAS Nagar, Mohali and also Collector, U.T., Chandigarh, to attach the office of the Company i.e. Emerging Valley Private Limited situated at Kharar-Landran Banur Road, Mohali, Punjab and also Emerging India Housing Corporation Private Limited, SCO 46-47, First Floor, Sector 9, Madhya Marg, Chandigarh respectively and appoint a receiver in the matter, yet, till date, no report qua the same has been received from the quarter concerned, meaning thereby that there has been no attachment of the properties of the applicant in these cases.
In this view of the matter, since in the present cases, neither the applicant has been declared as proclaimed offender, nor his properties have been attached in these cases, as such, the present applications are liable to be dismissed having been rendered infructuous. Resultantly, these applications are dismissed with no order as to cost, having been rendered infructuous and are disposed of accordingly.
Now to come up in the main execution applications on 18.08.2022 for further proceedings.
Certified copies of this order be sent to the parties, free of charge and copy be placed on the connected case file.
Pronounced.
03.08.2022 Sd/-
[JUSTICE RAJ SHEKHAR ATTRI] PRESIDENT Sd/-
(PADMA PANDEY) MEMBER Sd/-
(RAJESH K. ARYA) MEMBER Rg.